princess shabaha company ltd vs nic bank tanzania limited 2017 tzhccomd 3 13 february 2017

princess shabaha company ltd vs nic bank tanzania limited 2017 tzhccomd 3 13 february 2017

Judgment debtor failed to show good cause why execution should not proceed; mere pendency of application for extension of time to file stay of execution does not operate as stay; decree holder entitled to execution unless judgment debtor pays decretal sum or appeal succeeds.

Citation
princess shabaha company ltd vs nic bank tanzania limited 2017 tzhccomd 3 13 february 2017
Parties
Plaintiff/decree Holder: Princess Shabaha Company Ltd; Defendant/judgment Debtor: NIC Bank Tanzania Limited; Managing Director of Judgment Debtor: Mr. Pankaj Kansara
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
13 February 2017
Procedural Posture
Commercial Case / Execution Application Ruling
Outcome
application for execution granted
Legal Topics
Execution of Decree, Arrest and Detention as Civil Prisoner, Stay of Execution, Appeal Process
Source Language
English
Civil Procedure Commercial Law Execution of Decree Arrest and Detention as Civil Prisoner Stay of Execution Appeal Process

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Parties

Princess Shabaha Company Ltd

Plaintiff/decree Holder

NIC Bank Tanzania Limited

Defendant/judgment Debtor

Mr. Pankaj Kansara

Managing Director of Judgment Debtor

Procedural Posture

Commercial Case / Execution Application Ruling

Legal Issues

  1. 1 Whether execution of decree by arrest and detention of judgment debtor's director should proceed despite pending appeal processes
  2. 2 Whether notice of appeal or application for extension of time for stay of execution operates as a stay of execution

Ratio Decidendi

Judgment debtor failed to show good cause why execution should not proceed; mere pendency of application for extension of time to file stay of execution does not operate as stay; decree holder entitled to execution unless judgment debtor pays decretal sum or appeal succeeds.

Court Disposition

application for execution granted

Orders

  • Prayer to arrest and send Mr. Pankaj Kansara to prison as civil prisoner granted unless judgment debtor pays decretal sum plus costs and interests.
  • Execution officer (Deputy Registrar) to exercise care not to prejudice appeal processes.